525.12 DERELICTION OF DUTY.

   (a)   No law enforcement officer shall negligently do any of the following:

      (1)   Fail to serve a lawful warrant without delay;

      (2)   Fail to prevent or halt the commission of an offense or to apprehend an offender, when it is in the law enforcement officer’s power to do so alone or with available assistance.

   (b)   No law enforcement, ministerial or judicial officer shall negligently fail to perform a lawful duty in a criminal case or proceeding.

   (c)   No officer, having charge of a detention facility, shall negligently do any of the following:

      (1)   Allow the detention facility to become littered or unsanitary;

      (2)   Fail to provide persons confined in the detention facility with adequate food, clothing, bedding, shelter and medical attention;

      (3)   Fail to control an unruly prisoner, or to prevent intimidation of or physical harm to a prisoner by another;

      (4)   Allow a prisoner to escape;

      (5)   Fail to observe any lawful and reasonable regulation for the management of the detention facility.

   (d)   No public official of the Municipality shall recklessly create a deficiency, incur a liability or expend a greater sum than is appropriated by the legislative authority of the Municipality for the use in any one year of the department, agency or institution with which the public official is connected.

   (e)   No public servant shall recklessly fail to perform a duty expressly imposed by law with respect to the public servant’s office, or recklessly do any act expressly forbidden by law with respect to the public servant’s office.

   (f)   Whoever violates this section is guilty of dereliction of duty, a misdemeanor of the second degree.

   (g)   As used in this section, “public servant” includes an officer or employee of a contractor as defined in Ohio R.C. 9.08.

525.13 INTERFERING WITH CIVIL RIGHTS.

   (a)    No public servant, under color of the public servant’s office, employment, or authority, shall knowingly deprive, or conspire or attempt to deprive any person of a constitutional or statutory right.

   (b)   Whoever violates this section is guilty of interfering with civil rights, a misdemeanor of the first degree. (ORC 2921.45)

525.14 UNAUTHORIZED DISPLAY OF LAW ENFORCEMENT EMBLEMS ON MOTOR VEHICLES.

   (a)   No person who is not entitled to do so shall knowingly display on a motor vehicle the emblem of a law enforcement agency or an organization of law enforcement officers.

   (b)   Whoever violates this section is guilty of the unlawful display of the emblem of a law enforcement agency or an organization of law enforcement officers, a minor misdemeanor.

(ORC 2913.441)

525.15 ASSAULTING POLICE DOG OR HORSE OR AN ASSISTANCE DOG.

   (a)   No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:

(1)   The police dog or horse is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.

(2)   The police dog or horse is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.

   (b)   No person shall recklessly do any of the following:

      (1)   Taunt, torment, or strike a police dog or horse;

      (2)   Throw an object or substance at a police dog or horse;

      (3)   Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:

         A.   Inhibits or restricts the law enforcement officer’s control of the police dog or horse;

         B.   Deprives the law enforcement officer of control of the police dog or horse;

         C.   Releases the police dog or horse from its area of control;

         D.   Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;

         E.   Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.

      (4)   Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse.

      (5)   If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct, the police dog or horse is assisting a law enforcement officer in the performance of the officer’s duties or that the person knows is a police dog or horse.

   (c)   No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:

      (1)   The dog, at the time the physical harm is caused or attempted, is assisting or serving a person who is blind, deaf or hearing impaired or a person with a mobility impairment.

      (2)   The dog, at the time the physical harm is caused or attempted, is not assisting or serving a person who is blind, deaf or hearing impaired or a person with a mobility impairment, but the offender has actual knowledge that the dog is an assistance dog.

   (d)   No person shall recklessly do any of the following:

      (1)   Taunt, torment, or strike an assistance dog;

      (2)   Throw an object or substance at an assistance dog;

      (3)   Interfere with or obstruct an assistance dog, or interfere with or obstruct a person who is blind, deaf or hearing impaired, or a person with a mobility impairment who is being assisted or served by an assistance dog, in a manner that does any of the following:

         A.   Inhibits or restricts the assisted or served person’s control of the dog;

         B.   Deprives the assisted or served person of control of the dog;

         C.   Releases the dog from its area of control;

         D.   Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;

         E.   Inhibits or restricts the ability of the dog to assist the assisted or served person.

      (4)   Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;

      (5)   If the person is the owner, keeper or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a person who is blind, deaf or hearing impaired, or a person with a mobility impairment or that the person knows is an assistance dog.

   (e)   (1)   Whoever violates subsection (a) hereof is guilty of assaulting a police dog or horse. If the violation results in physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation does not result in death, serious physical harm, or physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in death or serious physical harm to the police dog or horse, such violation is a felony and shall be prosecuted under appropriate State law.

      (2)   Whoever violates subsection (b) hereof is guilty of harassing a police dog or horse. Except as otherwise provided in this subsection, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse or if the violation results in serious physical harm to the police dog or horse but does not result in its death, harassing a police dog or horse is a felony and shall be prosecuted under appropriate State law. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree.

      (3)   Whoever violates subsection (c) hereof is guilty of assaulting an assistance dog. If the violation results in physical harm to the dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation does not result in death, serious physical harm, or physical harm to the dog, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in death or serious physical harm to the dog, such violation is a felony and shall be prosecuted under appropriate State law.

      (4)   Whoever violates subsection (d) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this subsection, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of or serious physical harm to the assistance dog but does not result in its death, harassing an assistance dog is a felony and shall be prosecuted under appropriate State law. If the violation results in physical harm to the assistance dog but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.

      (5)   In addition to any other sanction or penalty imposed for the offense under this section, whoever violates subsection (a), (b), (c) or (d) of this section is responsible for the payment of all of the following:

         A.   Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of subsection (a) or (b) of this section or by the person who is blind, deaf or hearing impaired, or the person with a mobility impairment assisted or served by the assistance dog regarding a violation of subsection (c) or (d) of this section;

         B.   The cost of any damaged equipment that results from the violation;

         C.   If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the person who is blind, deaf or hearing impaired, or the person with a mobility impairment assisted or served by the assistance dog;

         D.   If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to the police dog or horse or the assistance dog or horse that was the subject of the violation to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the person who is blind, deaf or hearing impaired, or the person with a mobility impairment assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.

   (f)   This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.

   (g)   This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or assistance dog.

   (h)   As used in this section:

      (1)   "Assistance dog”, "blind", and "person with a mobility impairment" have the same meanings as in Ohio R.C. 955.011.

      (2)   "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.

      (3)   "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.

      (4)   "Serious physical harm" means any of the following:

         A.   Any physical harm that carries a substantial risk of death;

         B.   Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;

         C.   Any physical harm that causes acute pain of a duration that results in substantial suffering.

            (ORC 2921.321)

525.16 REGISTRATION OF FELONS.

   (a)    Registration Required; Contents. Registration is required of every person who comes into the City from any point outside of the City, who is living, or has taken up residence within the City, who, within the period of five years prior thereto, has been convicted in any federal court, or the court of any state, of a crime which is a felony under the laws of the United States or which if committed in Ohio would have been a felony under the laws of the State of Ohio. The five year time period begins following the:

      (1)   Date of such conviction;

      (2)   Date of release from incarceration arising from such conviction;

      (3)   Date of release from parole arising from such conviction; or

      (4)   Date of release from probation arising from such conviction, whichever is later.

   Such person shall report to the Division of Police of the City within seventy-two hours after arrival within the boundaries of the City, and shall furnish to the Division of Police, a completed felon registration form signed by such person, the true name of such person and each other name or alias by which such person is or has been known, a full and complete description of himself or herself, and the name of each crime of which he or she shall have been convicted, together with the name of the place where each such crime was committed, the name under which he or she was convicted, and the date of the conviction thereof, the name, if any, and the location of each prison, reformatory or other penal institution in which he or she shall have been confined as punishment therefor, together with the locator or address of his or her residence, living quarters in the City, and each one thereof, if any, or the address or location of his or her intended residence or living quarters in the City, and each one thereof, with a description of the character of such place, whether a hotel, apartment house, dwelling house, or otherwise, giving the street number thereof, if any, or any description of the address or location thereof as will so identify the same as to make it possible of location, and the length of time for which he or she expects or intends to reside within the territory or boundaries of the City. Each subsequent felony conviction requires re-registration with the Division of Police.

   (b)    Photographs and Fingerprints. Every person registering in accordance with subsection (a) hereof shall be photographed and fingerprinted by police personnel, and such photograph and fingerprints shall be made a part of the permanent records of the Division of Police.

   (c)    Resident Felons. Every person residing within the City, at the time this section becomes effective, who has been convicted within such five-year period, in any such court, of any crime set forth in subsection (a) hereof, shall, within seventy-two hours from and after the effective date hereof, furnish to the Police, a completed felon registration form signed by such person, all of the information required to be furnished under the provisions of subsection (a) hereof, together with photograph and fingerprints provided for in subsection (b) hereof and together with the occupation or employment in which such person is not now engaged, the name of the employer, the business engaged in by such employer and the nature and character thereof.

   (d)    Change of Address Report. In the event that any person specified as required to register shall change his or her place of residence, stopping place or living quarters to any new or different place or places within the City, other than the last place reported to Police Records in such report hereinabove provided for such person shall within five (5) business days after removing himself or herself from the place of abode first given, notify Police Records of such change of address by completing a change of address form, and shall furnish in such written statement to Police Records his or her new address and each one thereof.

   (e)    False Report. No person required by any provision of this section to furnish any report, shall furnish in such report any false or fictitious address or furnish in making any such report, any false, untrue or misleading information or statement relating to any information required to be made or furnished.

   (f)    Failure to Report. No person required by any provision of this section to furnish any report or information shall fail, neglect or refuse to make such report, or to furnish any such information, photograph or fingerprints, or shall fail, neglect or refuse to render or furnish the same within the time prescribed or shall fail, neglect or refuse to furnish to the Division of Police, within such time, any information, photograph or fingerprints required to be furnished by any provision of this section or shall furnish any false, untrue or misleading information on or statement relating to any information required to be made or furnished.

   (g)    Exceptions. Nothing in this section shall be deemed or construed to apply to any person who has or shall have received a pardon for each such crime whereof he or she shall have been convicted or had such felony conviction expunged by process of law.

   (h)    Privacy. All reports, records, photographs and fingerprints take pursuant to this section shall be subject to applicable provisions of the Ohio Public Records Act and applicable City ordinances and/or Charter language.

   (i)    Violations. Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 05-270. Passed 12-20-05.)

525.17 FALSE ALLEGATION OF PEACE OFFICER MISCONDUCT.

   (a)   As used in this section, “peace officer” has the same meaning as in Ohio R.C. 2935.01.

   (b)   No person shall knowingly file a complaint against a peace officer that alleges that the peace officer engaged in misconduct in the performance of the officer’s duties if the person knows that the allegation is false.

   (c)   Whoever violates this section is guilty of making a false allegation of peace officer misconduct, a misdemeanor of the first degree.

(ORC 2921.15)

525.18 REFUSAL TO DISCLOSE PERSONAL INFORMATION IN PUBLIC PLACE.

   (a)   No person who is in a public place shall refuse to disclose the person’s name, address, or date of birth, when requested by a law enforcement officer who reasonably suspects either of the following:

      (1)   The person is committing, has committed, or is about to commit a criminal offense.

      (2)   The person witnessed any of the following:

         A.   An offense of violence that would constitute a felony under the laws of this State;

         B.   A felony offense that causes or results in, or creates a substantial risk of, serious physical harm to another person or to property;

         C.   Any attempt or conspiracy to commit, or complicity in committing, any offense identified in subsection (a)(2)A. or B. of this section;

         D.   Any conduct reasonably indicating that any offense identified in subsection (a)(2)A. or B. of this section or any attempt, conspiracy, or complicity described in subsection (a)(2)C. of this section has been, is being, or is about to be committed.

   (b)   Whoever violates this section is guilty of failure to disclose one’s personal information, a misdemeanor of the fourth degree.

   (c)   Nothing in this section requires a person to answer any questions beyond that person’s name, address, or date of birth. Nothing in this section authorizes a law enforcement officer to arrest a person for not providing any information beyond that person’s name, address, or date of birth or for refusing to describe the offense observed.

   (d)   It is not a violation of this section to refuse to answer a question that would reveal a person’s age or date of birth if age is an element of the crime that the person is suspected of committing.
(ORC 2921.29)

525.99 PENALTY.

   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)